Franklin Grandparents’ Rights Attorney
When a couple is married with children, they will likely welcome the assistance of grandparents. Grandparents can be a great help, especially when children are younger. However, when a couple divorces, there will be changes in child custody. The parents may agree to a 50/50 split or it could be something else.
In any case, there will likely be some concern about when grandparents can visit and see their grandchildren. There will also be confusion during this time, since both parents will not have 100% custody. The Franklin grandparents rights attorneys at Beal Nations & Crutcher can help you if you have been denied access to your grandchild.
There are no federal laws protecting grandparent visitation rights. However, based on a court ruling, if a parent has reasons for opposing grandparent visitation, a judge must consider them. In addition, grandparent visits should not interfere with the parent-child relationship.
Each state has grandparent visitation laws in place. However, there are some differences from one state to another. Here’s what to expect in Tennessee.
Visitation Rights in Tennessee
Grandparent visitation rights in Tennessee typically aren’t an issue unless one of the child’s parent objects. To consider a grandparent’s visitation request, at least one of the following factors is required:
- The child’s parent is deceased.
- The child’s parents are divorced, separated, or never married.
- The child’s parent has been missing for at least six months.
- Grandparent visitation has been ordered in another state.
- The child previously lived in the grandparent’s home for a year or longer before getting removed by the parents
- The child and grandparent have had a significant bond for at least the past year and severing this relationship will cause harm to the child.
It’s important to understand that grandparents’ rights will always come in second place to a parent’s rights. The grandparent who wishes to obtain visitation rights bears the burden of proving one of the factors above. To prove actual harm, a grandparent must demonstrate:
- If the relationship ends, the child will suffer severe emotional harm due to the bond the two have.
- The grandparent served as the child’s primary caregiver for six months or longer and no longer having visitation rights will cause the child to suffer a severe emotional loss.
- The loss of the child-grandparent relationship puts the child in danger of substantial harm.
There are certain situations in which a grandparent can gain custody of a child. They include the following:
- The child has been abandoned by the parents.
- The child has been abused or neglected.
- The child’s parents have divorced.
- The child’s parents are deceased.
Contact Us Today
When it comes to child custody and visitation, grandparents are often overlooked. However, it is important to understand their legal rights so they can have a relationship with their grandchildren.
If you are interested in visitation with your grandchild, make sure you understand the laws and processes involved. The law firm of Beal, Nations & Crutcher can help you get a favorable outcome. Schedule a consultation by calling (615) 861-2304.